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Message from the Minister and Accountability Statement  
Ministry Overview and Core Business Areas  
Resource Summary  
   
Strategic Context  
 
Related Initiatives and Planning Processes  
   
Strategic Context  
Goals, Objectives, Strategies and Results  
Related Initiatives and Planning Processes  
Appendix A: Glossary of Terms  
     
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Ministry of Labour and Citizens' Services  

September Update
Budget 2005 Home
 
B.C. Home  September Update - Budget 2005  Goals, Objectives, Strategies and Results

Labour — Continued

Goals, Objectives, Strategies and Results

Labour aligns to all of the Five Great Goals because its policies and services affect every citizen and worker in the province, whether unionized or non-unionized. Of key relevance to Labour’s mission is the government goal to create more jobs per capita than anywhere else in Canada.

The most important asset for any small business is its people. That’s why the Government of B.C. has been working to make it easier for small business employers to hire and keep the right people and build good working relationships with employees. That includes:

  • Giving employees and employers greater flexibility in Employment Standards to negotiate mutually beneficial relationships that help them compete and prosper.
  • Making WorkSafeBC more responsive to the needs of workers and employers alike.
  • Providing a Labour Relations Code that fosters the employment of workers in economically viable businesses.

The following pages provide an overview of key goals for each core business area, the strategies that will be used to meet these goals and the measures that will be used to determine progress. During the next three years, Labour’s resources will be focused on achieving the goals and objectives set out here. These goals and objectives are consistent with the vision of a modern work environment for British Columbians that treats employees and employers fairly and equitably, increases productivity and contributes to the prosperity of British Columbia. Each goal listed below is related to one of Labour’s core business areas.

Labour Performance Plan Summary

Labour Performance Plan Summary.

Goal 1:

Fair and balanced employment standards that promote mutually beneficial relationships between employees and employers.

Ensuring British Columbia has fair and balanced standards that promote mutually beneficial relationships between employees and employers is integral to government’s goal of promoting a strong and vibrant provincial economy.

Objective 1:

Enhanced prevention and early intervention functions of the Employment Standards Branch.

Strategies:

  1. Provide advice and support services for employers and employees by improving availability of employment standards and dispute resolution information.
  2. Increase employers’ and employees’ awareness, knowledge and understanding of the Employment Standards Act by working together with industry and the labour community on education and awareness initiatives.
  3. Through the use of sector specific initiatives, foster mutual co-operation between government, industry and employees and ensure contraventions of the Employment Standards Act are identified and corrected.
Performance
Measures
2004/05
Actuals
2005/06
Target
2006/07
Target
2007/08
Target
Complaints received by ESB.1 5,015 <5,015 indicating the success of prevention and early intervention initiatives.
Speaking engagements, training sessions and seminars.2 77 sessions >77 sessions indicating increased emphasis on education as a means of promoting awareness.
Average monthly ESB website hits. 353,999 Constant or increased public usage of the ESB website indicating increasing level of knowledge and awareness.
Percentage of workforce working in industries covered by sector specific initiatives.3 10.4% >10.4% indicating ESB’s emphasis on measures that foster mutual co-operation.
Contraventions within industries covered by sector specific initiatives.4 293 NA NA TBD

1  90 – 95% of all complaints received by the Employment Standards Branch (ESB) have been found to have merit.
2  As the public becomes more aware of entitlements and obligations under the Employment Standards Act, the number of requests for speaking engagements decreases. Since the changes to the Employment Standards Act in 2002, the focus of the Employment Standards Branch has been on the new service delivery process and educating Branch staff rather than outreach to the public. Education of the workforce impacted by sector specific initiatives will become a priority for the Branch in 2005/06.
3  Initiatives may include partnership agreements, such as Memoranda of Understanding, or targeted enforcement operations. These partnership agreements are designed to foster mutual co-operation and communication between government, industry and employees and also protect vulnerable employees while increasing prosperity in the workplace. For 2004/05, data is calculated by dividing the number of persons working in the restaurant and food services industry and the primary agricultural production sector by the total number of paid employees working in British Columbia.
4  It is anticipated that the number of contraventions within industries covered by sector specific initiatives will increase over the short to medium term as the knowledge and awareness of employment standards increases. Over the longer term, however, it is anticipated that the number of contraventions will decrease as employers and employees mutually develop a better understanding of employment standards.

Objective 2:

Employment standards disputes resolved prior to adjudication.

Strategies:

  1. Provide advice and support services for employers and employees through improving availability of employment standards and dispute resolution information.
  2. Support early intervention and alternative dispute resolution in employment standards disputes by supporting the new complaint resolution model, which mandates the use of self-help materials and mediation prior to adjudication.
Performance Measures 2004/05
Actuals
2005/06
Target
2006/07
Target
2007/08
Target
Self-help kit downloads.1 35,542 NA NA NA
Proportion of cases closed prior to adjudication. 78% >78% indicating increased reliance on and the effectiveness of alternative dispute resolution efforts.
Timeliness of cases addressed prior to adjudication.2 New measure3 Development of base and measure TBD TBD

1  The self-help kit was a new concept developed and produced during 2003/04 generating much interest. The public has familiarized itself with the kit, and the number of kits downloaded has decreased.
2  It is the policy of the Employment Standards Branch to ensure that cases involving wages owed receive priority consideration.
3  By 2005 the Employment Standards Branch will have a new computer system in place that will provide detailed timeliness data. It is a fundamental objective of the Branch to reduce the number of days to resolve cases prior to adjudication.

Objective 3:

Ensure the quality and consistency of determinations1 issued by the Employment Standards Branch, thereby reducing the number of decisions overturned by the Employment Standards Tribunal.

Strategy:

  1. Improve the efficiency and effectiveness of Employment Standards Branch decision-making through advanced training for officers, clear policy direction and the sharing of best practices.

1  A determination is a legally enforceable decision made by the Branch regarding an employer/employee issue under the Employment Standards Act.
Performance
Measures
2004/05
Actuals
2005/06
Target
2006/07
Target
2007/08
Target
Timeliness of cases addressed at the adjudication stage or later. New measure1 TBD TBD TBD
Determinations upheld by the EST. 70% >70% indicating the improved effectiveness of ESB decision-making.

1  By 2005 the Employment Standards Branch will have a new computer system in place that will provide detailed timeliness data. It is a fundamental objective of the Branch to reduce backlogs and streamline decision-making, thereby decreasing the number of days to address cases at the adjudication stage or later.

 

Objective 4:

The Employment Standards Tribunal continues to provide timely, consistent and quality decisions.

Strategy:

  1. Ensure systems are in place to track productivity.
Performance
Measures
2004/05
Actuals
2005/06
Target
2006/07
Target
2007/08
Target
Days lapsed from appeal or reconsideration to disposition (average).1 90 90 days
Per cent of cases decided within 90 days of date of appeal. 73% 73%
Per cent of decisions received within 20 days of assignment to a Member of the Tribunal. 90% 90%
Per cent of reconsideration request decisions that confirm the original appeal decision. 85% 85%

1  Appeals and reconsiderations may be disposed of by way of a formal decision or they may be settled or withdrawn by the parties.

Goal 2:

Promote good relationships in the labour relations community from which productive and competitive workplaces can be developed.

This goal supports overall government priorities to ensure labour stability in the province and provide the foundation for strong and vibrant provincial economic development and employment growth.

Objective 1:

Encourage confidence in the Labour Relations Board.

Strategies:

  1. Provide information to Labour Relations Board clients about the Labour Relations Code and industrial relations practices.
  2. Create an industrial relations environment that is responsive to the needs of employees, unions and employers by maintaining the accessibility of Labour Relations Board services to all parties and streamlining their administrative requirements.
Performance
Measures
2004/05
Actuals
2005/06
Target
2006/07
Target
2007/08
Target
Number of LRB website hits. 241,000 >241,000 indicating improved access to LRB information and services.
Number of issues brought to the attention of the LRB that are addressed before becoming formal applications. New measure introduced in 2005/06 Service Plan — data collection underway. Baseline data Increase over base indicating effectiveness in streamlining services and administrative requirements.

Objective 2:

Increase number of Labour Relations Code applications that are resolved prior to adjudication.

Strategies:

  1. Provide information to Labour Relations Board clients about the Labour Relations Code and industrial relations practices.
  2. Ensure Labour Relations Board operations are suited to today’s work environment by continuing to apply the duties enshrined in the Labour Relations Code, such as encouraging co-operation between employers and trade unions in resolving workplace issues, adapting to changes in the economy, and developing a workforce and a workplace that promotes productivity.
  3. Encourage alternative dispute resolution processes.
Performance
Measures
2004/05
Actuals
2005/06
Target
2006/07
Target
2007/08
Target
Number of applications and complaints disposed of.1 2,259 2,2592
Percentage of disputes settled without formal decision, order or declaration.3 66% >66% indicating greater emphasis on alternative dispute resolutions.

1  Number of applications and complaints disposed of includes mediations, adjudications and Collective Agreement Arbitration Bureau appointments. “Disposed of” means an Arbitrator or Mediator-Arbitrator has been appointed.
2  This target indicates the volume of activity at the LRB. It is anticipated that there may be a reduction in the number of applications and complaints as the number of disputes that are settled without formal decision increase. However, other social and economic factors external to the LRB will impact the number of applications that come before the Board.
3  Disputes that come to the LRB include: unfair labour practice complaints (ss. 5-12), applications under sections 32 and 45 and Part 5 applications (ss. 57– 70). Applications under sections 55 and 74 of the Labour Relations Code are excluded from this calculation and are instead listed separately under Objective 3.

Objective 3:

Increase collective bargaining mediation success rate.

Strategy:

  1. Encourage the use of collective bargaining mediation.
Performance
Measures
2004/05
Actuals
2005/06
Target
2006/07
Target
2007/08
Target
Percentage of mediation applications settled (ss. 55 and 74). 74 >74 indicating the enhanced use of collective bargaining mediation.
Number of mediator appointments. 128 >128. The greater number of mediator appointments indicates enhanced use of collective bargaining mediation.

Objective 4:

Issue decisions in a timely manner.

Strategy:

  1. Have systems in place to ensure resolution within appropriate timelines.

Performance
Measures
2004/05
Actuals
2005/06
Target
2006/07
Target
2007/08
Target
Average number of backlog cases.1 37 <37 indicating improved timeliness in resolving cases.
Average number of days from receipt of application to decision. New measure introduced in 2005/06 Service Plan — data collection underway. Base data Decrease over base indicating improved timeliness in issuing decisions.

1  In general, a case is seen as part of the backlog if it has been assigned for more than 90 days and no hearing will be held, or where a hearing has been completed and more than 45 days have passed.

Goal 3:

Safe and healthy workplaces and a workers’ compensation system that is responsive to the needs of employees and employers alike.

This goal is key to supporting government’s goals of promoting healthy communities and a strong and vibrant provincial economy.

Objective 1:

Better compliance with the Workers Compensation Act and the Occupational Health and Safety Regulation by providing responsive, independent and expert advice, assistance and representation to workers and employers.

Strategy:

  1. Facilitate workers’ and employers’ understanding of the workers’ compensation system by providing information and assistance to workers and employers.
Performance
Measures1
2004/05
Actuals
2005/06
Target
2006/07
Target
2007/08
Target
Inquiries responded to by Workers’ Advisers Office.2 110,885 110,885
Number of Workers’ Advisers self-help kits distributed. 5,062 >5,062
Workers’ Advisers Office public education seminar participation.3 848 >848
Employers’ Advisers Office information and skills development seminar participation.4 6,333 >4,300 base

1  WorkSafeBC produces an annual report which provides detailed information on strategies, services and measures for its own objectives. In 2003, through the combined efforts of workers, employers, employers’ associations, unions and WorkSafeBC, the injury rate in B.C. workplaces reached an all-time low of 3.0 short-term injuries per 100 person-years of employment — a 42 per cent decrease since 1994. In 2003, this translated to roughly 36,000 fewer workers being injured and a cost savings of $500 million. Employer premiums remained essentially flat in 2003 compared to the previous year.
2  Documented brief service advice. Does not include general inquiries.
3  Individual participants. Includes injured workers, worker representatives, constituency assistants and other public groups who attend WAO seminars on using the workers’ compensation system. From 2005/06 onward, assume a modest increase due to anticipated growth in employment rates, particularly in the construction industries.
4  Individual participants. Includes employers, workers, safety committee members and professionals who attend EAO seminars on various components of workers’ compensation legislation. 2005/06 target is to meet or exceed the base of 4,300 after taking out extraordinary fluctuations. The number of participants was greater in 2004/05 given a one-time initiative dealing with the new performance-based First Aid regulation.

Objective 2:

Increase efficiency of appeal system.

Strategies:

  1. Eliminate appeal backlog.
  2. Maintain tribunal practices and procedures that permit Workers’ Compensation Appeal Tribunal (WCAT) to meet statutory timeframes for deciding appeals.
  3. Improve the efficiency and responsiveness of the appeal system through providing direct assistance, guidance and service to workers and employers.
Performance
Measures
2004/05
Actuals
2005/06
Target
2006/07
Target
2007/08
Target
Number of workers’ appeals impacted by the Workers’ Advisers Office as a proportion of all appeals in the system. New measure in the 2005/06 Service Plan. Data to commence in 2005/06.
Number of appeals impacted by the Employers’ Advisers Office (EAO) as a proportion of all appeals in the system. 9.5%

New measure in the 2005/06 Service Plan.

Number of appeals impacted expected to remain constant — proportion dependent upon the number of appeals for any given year.
Employers’ Advisers Appeal Intervention closures.1 256 475 500 500
Backlog of appeals acquired from old system at implementation of WCAT.2 4,478 0 0 0

1  The number of appeals or potential appeals that Employers’ Advisers have recommended to employers not proceed in the appeal system.
2  WCAT acquired 22,425 appeals from the old system on March 3, 2003.

 

     
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